Pay claims followed up

Inspectors began visiting dairy farms in August as part of a long-term operation.

Dairy farm workers lodged 200 complaints against their employers from August 2012 to December last year.

Figures obtained under the Official Information Act from the Ministry of Business Innovation and Employment show that most grievances related to the Holidays Act (63 complaints) and the Minimum Wage Act (21 complaints). Fourteen migrant workers made complaints.

Labour inspectorate general manager George Mason says each complaint can involve more than one problem.

One complaint could involve non-payment of the minimum wage and non-payment of annual holidays.

Nationally, from 2009 to last year, it received 729 complaints that covered 1328 problems. The Holidays Act recorded 879 complaints ahead of 237 minimum wage act complaints. Breaches were found and arrears due for 34 complaints about the Holidays Act and seven for the Minimum Wage Act.

The Waikato region registered the most complaints (216) followed by Southland (120) with the Bay of Plenty accounting for 53 complaints.

The Labour Inspectorate is working with the dairy farm sector to ensure all workers on lower salaries get the minimum wage for the hours they work. Generally, for recovery of arrears, the limitation period is six years. If an employer cannot provide wage and time records, the Employment Relations Authority can (unless the employer can prove otherwise) accept the employee's claim of wages paid and hours, days and times. Labour inspectorate central regional manager Kris Metcalf says inspectors began visiting dairy farms in August as part of a long-term operation to identify breaches of employment law. Its focus is on raising awareness of a practice involving seasonal averaging of salaries and the failure to keep accurate time and wage records.

Bay of Plenty Farms would be included. Dairy NZ team leader Jane Muir says farmers know employees are critical to their success and they need to provide good working conditions.

Most farmers support the ministry's stance, which is targeted at the practice of seasonal averaging of the minimum wage, she says.

"At the moment, it's all about farmers understanding what the legislation is and making sure they are within it."

Dairy NZ is encouraging farmers to use time sheets because they are a great communication tool.

"It benefits the employer and employee to keep an accurate record of the hours worked on farm."

However, the difference for farms is that hours worked changed with the seasons, unlike in an office.

Federated Farmers employment spokeswoman Katie Milne says every industry has a range of good and bad employers.

The dairy industry is getting better at not being on the wrong end.

"We need to because the industry is growing and it needs to be seen as an attractive opportunity."